Prout v. Vladeck et al
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|Date Filed||#||Document Text|
|September 26, 2018
OPINION AND ORDER re: 74 MOTION to Dismiss the Third-Party Complaint filed by Steven J. Kelly, 70 FIRST MOTION to Dismiss TP plaintiff's Complaint filed by Sanford Heisler Sharp, LLP: In sum, VRC has failed to sta te a claim for contribution against Sanford Heisler or Kelly. Furthermore, based on the pleadings and Kelly's uncontested affidavit, the Court finds that it lacks personal jurisdiction over Kelly. For the foregoing reasons, the third-party defen dants' motions to dismiss are granted, and the Third-Party Complaint is hereby dismissed with prejudice. The Clerk is directed to close the entries at docket numbers 70, 74, and 78. (Steven J. Kelly and Sanford Heisler Sharp, LLP terminated.) (Signed by Judge Jed S. Rakoff on 9/25/2018) (jwh)
|June 11, 2018
OPINION AND ORDER re: 18 MOTION to Disqualify Counsel: In sum, the Court denies defendants' motion to dismiss with respect to Prout's FMLA-based and SOX-based legal malpractice claims, but grants the motion with respect to Prout 9;s breach of fiduciary duty claim. The Court also dismisses Prout's Title-VII based legal malpractice claim without prejudice. Finally, the Court denies defendants' motion to disqualify Sanford Heisler without prejudice to the possibility of its being re-raised at later stages of this litigation. The parties are directed to jointly call chambers by no later than Tuesday, June 12 to discuss the setting of deadlines in the case management plan. (Signed by Judge Jed S. Rakoff on 6/10/2018) (jwh)
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